Terms & Conditions | Pinguin Semmering

TERMS AND CONDITIONS

Contents

1. Scope

These General Terms and Conditions for the Hospitality Industry (hereinafter referred to as “AGBG 2016”) govern the legal relationship between the host and the contracting party / guest and apply to all reservations and services rendered in this relationship.
For accommodation services of the innkeeper exclusively the general terms and conditions for the hotel industry 2006 apply (“AGBH 2006”).
The following regulated services of the innkeeper are offered exclusively on the basis of these terms and conditions. Divergent or supplementary terms and conditions of the contracting party are only valid if they have been expressly agreed in writing.
The GTCG 2016 do not exclude special agreements and are subsidiary to agreements made in individual cases.
By making a reservation – regardless of the means – the contracting party confirms that he has read, understood and agrees to the terms and conditions.
The innkeeper reserves the right to change the AGBG 2016 at any time, if this is reasonable for the contracting party, to update it to current conditions and to adapt it to the statutory provisions.

2. Definitions

Catering Provision / administration of food and drinks in the host’s catering business
Catering contract Is the contract concluded between the innkeeper and the contracting party whose focus is on entertainment and whose content is specified in more detail below.
Catering Preparation or delivery of food and drinks to a place of performance determined by the contracting party outside of the catering establishment of the innkeeper
FAGG Fern- und Auswärtsgeschäftegesetz as amended
Distance selling (contract) within the meaning of § 3 FAGG
Catering company Premises outside or inside a building, where the host entertains the guests
Innkeeper A natural or legal person who, as the operator of the catering business, hosts guests for a fee or rents rooms and provides related services
Guest natural person who avails hospitality. The guest is usually also a contracting party. Guests are also those persons who are accompanied by the contracting party
KSchG Consumer Protection Act 1979 idgF
Consumer within the meaning of § 1 KSchG
Entrepreneur within the meaning of § 1 KSchG
Reservation binding offer of the contracting party on conclusion of a catering contract
Contractual partner natural or legal person who concludes a hospitality contract as a guest or for a guest

3. Contract conclusion / contract content

The hospitality contract is concluded after examination of the availability by (oral or written) acceptance of the reservation – at the latest by the hospitality – of the guest by the host. From this time the innkeeper and the contracting party are bound by the hospitality contract.
By providing the account or credit card details, the contracting party expressly agrees to the deduction of all applicable fees – in particular down payments and, if applicable, cancellation fees (according to point 7) – without further consultation with the contracting party in the collection authorization procedure of the selected payment method.
The basis for the fee shall be the prices quoted in the price list of the innkeeper at the time of conclusion of the contract, as well as individual prices agreed upon by special arrangement.
The contracting party must give his full name (company), address, e-mail address (if available) and telephone number, as well as the exact number of guests to be hosted, as well as the extent of the desired service on all reservations. By submitting the e-mail address, the contracting party also agrees to receive information material such as newsletters, offers and so on.
These data form an integral part of the contract and form the basis for the financial reporting to the contractual partner. An overrun or underrun of the reserved number of persons is only permitted with the express consent of the innkeeper. The agreed number of guests will be used as a minimum for the settlement. If the agreed number of persons is exceeded by the innkeeper, the charge will be made according to the actual number of guests. If the number of guests falls below the agreed number of guests, the cancellation conditions stated in point 6 apply.
If no other agreement is made with regard to consumption, such as a lump sum, all consumed drinks and food will be charged by the innkeeper according to the actual consumption and the order value according to the current price list and will amount to EUR 10 / per reserved guest as minimum consumption agreed, which must be paid even if the service is not used.

4. Special arrangements for contracting with down payment

The innkeeper is entitled to conclude the catering contract on the condition that the contracting party pays a down payment. In this case, the innkeeper is obliged, before accepting the written or verbal reservation of the contracting party, to inform the contracting party of the required down payment. If the contractual partner agrees with the deposit (in writing or verbally), the catering contract is concluded upon successful debit or payment of the down payment. Only from this time on, the hospitality contract concluded under the condition of a down payment becomes binding on both sides. Until this time, the reservation can be canceled by both parties free of charge and without giving a reason.
Upon acceptance of the offer by the innkeeper, the down payment is due for payment immediately, unless a later due date is agreed The costs for the financial transaction (eg transfer charges) shall be borne by the contracting party. For credit and debit cards the respective conditions of the card companies apply.
The deposit is a partial payment on the agreed fee.

5. Special arrangements for distance contracts

Electronic declarations shall be deemed to have been received if the party for whom they are intended can, under normal circumstances, access them and access is made to the steward’s known business hours.
Acceptance by the innkeeper takes place in bookings via distance communication means exclusively by a reservation confirmation of the innkeeper by email / by post or agreed deposit with successful debit by the innkeeper or successful transfer by the contractor. For the down payment, the innkeeper will charge the credit card / account of the contracting party with the amount / percentage indicated in the reservation conditions.
For online bookings, a reservation option is only available after complete and correct entry of all required fields in the reservation window as well as the explicit acknowledgment of AGBG 2016 by means of the application provided in the reservation window.
The contracting party acknowledges that the reservation process for online reservations can no longer be canceled or canceled after pressing the button “Reserve for a fee”.
The contractual partner is solely responsible for the correct input / disclosure of the data. If the reservation process was not correct only by entering / disclosing incorrect or incomplete data, the booking can either be corrected with the help of the innkeeper or another reservation confirmation can be issued. In all cases of complaint, the contracting party must in any case submit the reservation confirmation, as otherwise the host may refuse the service. The electronic confirmation of the reservation of the innkeeper serves as the only valid proof of the duly made reservation and must therefore be carried by the contractor and in the event of complaints to the staff of the innkeeper.
The contracting party acknowledges that, due to the necessary data transmissions via the Internet and other data lines during the reservation, exceptionally problems may arise without any legal consequences being derived therefrom.

6. Resignation of the innkeeper from the hospitality contract

If the contracting party / guests do not appear half an hour after the agreed reservation date, there is no obligation to serve, unless a later arrival time has been agreed.
If the contractual partner has made a down payment (see point 4), the reservation will be reserved two hours after the agreed reservation date.
The catering contract may be terminated by the innkeeper for objectively justified reasons by unilateral declaration at the latest three months before the agreed catering of the contracting party or the guests.

7. Cancellation by the contracting party – cancellation fee

The services offered by the innkeeper are leisure services within the meaning of Section 18 (1) (10) FAGG, which are provided at a specific time within a specified period. Accordingly, the contracting party is not entitled to withdraw from the contract in accordance with section 11 (1) FAGG.
Withdrawal by unilateral declaration of the contracting party is only possible upon payment of the following cancellation fees:

up to 3 months	3 months to 14 days	14 days to 1 day	on the last day
30%	50%	70%	90%

Up to a shortfall of the reserved number of guests in the following extent, a partial withdrawal in the extent of the number of guests to be reduced without payment of a cancellation fee by unilateral declaration of the contracting party is possible:

up to 3 months	3 months to 14 days	14 days to 1 day	on the last day
40%	30%	20%	10%

If the reserved number of guests falls below the number of guests mentioned in point 3, a partial withdrawal in the amount of the number of guests to be reduced by unilateral declaration of the contracting party is only possible after payment of the cancellation fees mentioned under point 7.2.
The respective cancellation fees are to be calculated from the agreed total sum or the total value of the agreed services (food and drinks), any lump sum agreements or for lack of agreed consumption of the amount in the amount of EUR 30.00 per reserved guest.
An advance payment already made will be credited towards the cancellation fees mentioned under 2 and 7.3.
The resignation of the contracting party will only be effective if it is declared in writing.

8. Disabilities of arrival

If the contractual partner or the guests can not appear in the catering on the day of arrival, because all unforeseeable circumstances (eg extreme snowfall, flood etc.) make it impossible to travel, the contractual partner is not obliged to pay the agreed fee.
If the contractual partner or the guests can not appear in the catering business on the day of arrival because they are ill, the contractual partner is obliged to pay the agreed fee; the innkeeper is obliged to entertain the guests.

9. Rights of the contracting party

By concluding a hospitality contract, the contracting party acquires the right to the usual entertainment and service, as well as the use of the facilities of the catering establishment, which are accessible to the guests for normal use and without any special conditions.
If facilities are not available or usable for technical reasons, the contracting party is not entitled to any compensation.
The contracting party must exercise its rights according to any guest guidelines (house rules).

10. Obligations of the contracting party

The contracting party is obligated to pay the agreed remuneration plus any additional amounts incurred by him and / or his accompanying guests at the latest at the end of the service, plus VAT, if not yet taken into consideration.
The innkeeper is not obliged to accept foreign currencies. If the innkeeper accepts foreign currencies, these will be taken into account at the current exchange rate. If the innkeeper accepts foreign currencies or cashless payment methods, the contracting party bears all related costs, such as inquiries with credit card companies, etc.
The contracting party and its guests are liable to the innkeeper for any undamaged damage which he or the guest or other persons who receive services of the innkeeper with the knowledge or will of the contracting party. For claims of third parties, the contractor / guest the innkeeper entirely harmless and without complaint.
The bringing of food and drinks without the prior permission of the innkeeper is not permitted.
The contractual partner is responsible for the observance of all legal and official regulations – in particular of commercial law, fire police, copyright and event law, as well as the Upper Austrian Youth Protection Act and the Tobacco and Nonsmoker Protection Law as well as to follow the relevant instructions of the innkeeper. Unless otherwise provided by law, the contracting party is obliged to obtain official authorizations at its own expense and to fulfill all official requirements at its own expense.
Decoration material must comply with fire safety requirements and may otherwise – as well as other objects – be affixed only with the consent of the innkeeper. Applying decorative materials to the walls using adhesives, tape, furniture staples, nails and screws is prohibited. Objects brought along must be removed immediately after the event by the contracting party. If the removal does not take place immediately, the innkeeper has the possibility to have this carried out by a third party at the expense of the contracting party, or to charge room rental for the storage.

11. Rights of the innkeeper

If the contractual partner refuses to pay the conditional fee or if he is in arrears, the innkeeper is entitled to the legal right of retention in accordance with § 471 ABGB to the items brought in by the contractual partner or the guest. This right of retention is also for the innkeeper to secure his claim under the hospitality contract, in particular for meals, other expenses incurred for the contracting party and for any claims for compensation of any kind.
If the innkeeper fulfills special wishes of the contracting party or guest, the innkeeper is entitled to demand a special fee for this. However, this special charge or the method of calculation must be disclosed to the guest / contractual partner before the service is provided by the innkeeper. The innkeeper can also refuse these services for operational reasons.
The innkeeper is entitled to anytime billing or interim billing of his service.

12. Obligations of the innkeeper

The innkeeper is obliged to provide the agreed services to a standard that complies with his standard.
The statutory warranty provisions apply.

13. Limitations of Liability

If the contracting party is a consumer, the liability of the innkeeper – including for goods brought in – is excluded for slight negligence, with the exception of personal injury.
If the contracting party is an entrepreneur, the liability of the innkeeper and his vicarious agents – including for brought in items – for slight and gross negligence is excluded. In this case, the contracting party bears the burden of proof for the existence of the fault. Consequential, intangible or indirect damages as well as lost profits are not replaced. The damage to be replaced always finds its limit in the amount of confidence.
For lost belongings of the guest / contractor is not liable.
The innkeeper endeavors to eliminate any disturbances to the host directly provided by technical equipment and other facilities immediately. The innkeeper is not liable for failures of these facilities, as well as the power grid or other infrastructural facilities.
Liability is excluded in any case, if the contracting party and / or guest notify the occurred damage from knowledge immediately to the innkeeper. Moreover, these claims must be asserted in court within three years from knowledge or possible knowledge of the contracting party or guest; otherwise the right is extinguished.

14. Livestock

Animals may only be brought to the catering establishment with the prior consent of the innkeeper and possibly for a special fee.
The contracting party, which takes an animal, is obliged to keep this animal properly during his stay or to supervise or to have this stored at his own expense by suitable third parties or have them supervised.
The contracting party or guest who takes along an animal must have an appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by animals. Proof of the corresponding insurance is to be provided at the request of the innkeeper.
The contracting party or its insurer are liable to the innkeeper for the undivided hand for the damage done by the animals brought along. The damage includes in particular also those compensation payments of the innkeeper, which the innkeeper has to provide to third parties.

15. Vouchers

Vouchers of any kind are not redeemed in cash. The validity period of vouchers is fixed and defined on the respective voucher, which must be redeemed or exchanged at the latest with expiry of a period of 5 years from the date of issue. If vouchers of any kind are lost, the innkeeper will not replace them.

16. Modification of the hospitality contract

The contracting party is not entitled to change the nature and extent of the entertainment. If the contracting party terminates his request to change the catering contract in good time, the innkeeper may agree to the modification of the catering contract. The innkeeper meets no obligation.
The innkeeper may provide the contracting party or the guests with other catering (same quality) if this is reasonable for the contracting party, especially if the deviation is insignificant and objectively justified. A factual justification is given, for example, when a certain room (certain rooms) has become unusable, existing guests extend their stay, overbooking or other important operational measures necessitate this step. Any additional expenditure for the replacement catering will be at the expense of the innkeeper.

17. Termination of the hospitality contract – Early termination

If the contract partner or his guests does not appear, the innkeeper is entitled to demand the agreed fee subject to Item 17.3.
The innkeeper is entitled to dissolve the hospitality contract for good cause, especially if the contracting party or the guest

a) makes a materially disadvantageous use of the premises or, through its reckless, offensive or otherwise grossly indecent conduct, harms the other guests, the owner, his or her people or a person threatened with punishment against property, morality or physical harm Guilty of security;
(b) is infected by an infectious disease or illness that exceeds the duration of the stay or is otherwise in need of care;
c) the invoices submitted are not paid when due within a reasonable time (3 days).

Upon dissolution of the hospitality contract for good cause, the contracting party is obliged to pay the fee, subject to clause 17.3.

The innkeeper will deduct what he has saved as a result of non-use of his services or what he has received through other catering. A saving is only possible if the catering establishment is fully utilized at the time of non-use of the catering ordered by the guest and if additional guests can not be served due to the non-appearance of the contracting party. The burden of proof for the savings shall be borne by the contracting party.
If the fulfillment of the contract becomes impossible due to an event (eg natural disasters, strike, lockout, delivery boycott, official decrees etc), the innkeeper may terminate the hospitality contract at any time, unless the contract is deemed to be dissolved under the law, or Innkeeper is exempt from his hospitality. Any claims for damages etc of the contracting party are excluded.

18. illness, accident or death of the guest during the catering

If a guest falls ill or injured during his stay in the catering business, the innkeeper will provide for the medical care of the guest. If danger is in delay, the innkeeper will arrange the medical care even without special request of the guest, especially if this is necessary and the guest is not able to do so himself.
As long as the guest is unable to make decisions or the guest’s relatives can not be contacted, the innkeeper will arrange for medical treatment at the guest’s expense. However, the scope of these measures ends when the guest can make decisions or when the family members have been notified of the illness / accident.
The innkeeper has to the contracting party and the guest or in case of death against their legal successor in particular for the following costs for compensation claims:

open medical expenses, costs for patient transport, medicines and remedies;
necessary room disinfection;
Restoration of walls, furnishings, carpets, etc., if contaminated or damaged in connection with the illness, accident or death;
Charge for catering services used by the guest, plus any costs of inability to use the rooms due to disinfection, eviction, etc.
any other damages incurred by the innkeeper.

19. Place of performance, jurisdiction and choice of law

Place of fulfillment is the place where the restaurant is located.
This contract is subject to Austrian formal and substantive law, excluding the rules of international private law (in particular IPRG and EVÜ) and UN sales law.
The exclusive place of jurisdiction in the bilateral entrepreneur’s business is the domicile of the innkeeper, whereby the innkeeper is further entitled to assert his rights with any other locally and objectively competent court.
If the entertainment contract has been concluded with a contracting party who is a consumer and has his domicile or habitual abode in Austria, actions against the consumer may only be brought in at the domicile, habitual residence or place of employment of the consumer.
If the entertainment contract has been concluded with a contracting party who is a consumer and resides in a member state of the European Union (except Austria), Iceland, Norway or Switzerland, this is the place of residence of the consumer for complaints against the consumer Court exclusively responsible.

20. Other

All changes to the entertainment contract require the written form on the part of the contracting party.
Unless otherwise provided for by the above provisions, the period of notice begins upon notification of the document ordering the time limit to the contracting party which has to respect the deadline. When calculating a deadline, which is determined by days, the day is not taken into account, in which the time or the event falls after which the beginning of the deadline shall be determined. Periods determined by weeks or months refer to those days of the week or of the month which corresponds by its designation or number to the day of which the period is to be counted. If this day is missing in the month, the last day of the month is decisive.
Statements must be received by the other contracting party on the last day of the deadline (24:00).
The innkeeper is entitled to offset against claims of the contracting party with own claims. The contracting party is not entitled to set off its own claims against claims of the innkeeper; this does not apply to consumers if the innkeeper is insolvent or the claim of the contracting party has been judicially determined or recognized by the innkeeper.
In the case of loopholes, the relevant statutory provisions apply.